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Old 10.01.2012, 15:48
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Inheritance claim

I am 22 years old at present, my father passed away in Switzerland 10 years ago and am still living with my mother until i graduate from university. I would like to know what i am entitled to, as tensions and missunderstanding are growing each day between my mother and I. In my attempt to become independant I am trying to figure out what is legally mine (property, money and business) and go my own way (as she tells me I have the right to nothing, which i doubt). I most likely will have to get a lawyer. There was no will or testament left by my late father.
Any knowlegable comment will be greatly appreciated
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Old 10.01.2012, 15:59
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Re: Inheritance claim

This sounds like a very one sided question from a 22yo kid who still lives with his mother.

I'm not going to get involved with your family politics, but if there was no will and testament, then I'd say you are on your own.

Be nice to your mother.
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Old 10.01.2012, 16:00
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Re: Inheritance claim

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I am 22 years old at present, my father passed away in Switzerland 10 years ago and am still living with my mother until i graduate from university. I would like to know what i am entitled to, as tensions and missunderstanding are growing each day between my mother and I. In my attempt to become independant I am trying to figure out what is legally mine (property, money and business) and go my own way (as she tells me I have the right to nothing, which i doubt). I most likely will have to get a lawyer. There was no will or testament left by my late father.
Any knowlegable comment will be greatly appreciated
What about completely unknowledgable ones? I don't know the law here specifically, but I'm not sure why you think you're 'entitled' to anything. In nearly all countries your father's property would have gone to your mother, unless he made a will specifically leaving something to you.

So don't build your hopes up
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Old 10.01.2012, 16:07
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Re: Inheritance claim

Surely i cant be put on the street with nothing..
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Old 10.01.2012, 16:10
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Re: Inheritance claim

Given that swiss law applies: Without either a testament (or a "marriage contract" giving the partner the "usufruct"), the legal minimum for direct descendants is 50%.

A lot of big "ifs".

Try to work it out with your mother, you only have one.
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Old 10.01.2012, 16:11
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Re: Inheritance claim

Get a legal opinion. If you are at University it shouldn't be too difficult to ask one of your fellow law students. I'm far from an expert but am told that in France the inheritance goes directly to the children unless specified differently.
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Old 10.01.2012, 16:12
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Re: Inheritance claim

More info is needed, such as:

Was the OP's father a Swiss citizen?
Was the OP's father married to his mother?

Assuming so, then the Swiss Erbrecht law applies. That is, in the absence of a will the rules of mandatory inheritance apply.

(The Swiss notion of Pflichtteil is a bizarre concept for many of us who come from countries with different legal systems, where we can do as we like with our hard earned worldly goods - including disinheriting the kids and leaving it all to the cat. Not so here in Switzerland.)

Very broadly, half goes to the mother, half to be split among the children. As the son was a minor at the time of his father's death then likely the mother had control of the son's portion - but it wasn't hers. It may well be that that money is long since gone with the wind, however. And not to imply anything untoward - the son't portion may have already been spent on his living expenses and education over the last 10 years.

It is extremely difficult to disinherit children under Swiss Erbrecht.

For an easy to understand explanation and inheritance chart, see pages 25-33 of this brochure:

http://www.bj.admin.ch/content/dam/d...eherecht-d.pdf

IF the OP's father was not a Swiss citizen, then he might have invoked Heimatrecht - in which case he could have left the money wherever he wanted to. But in order to do that, there has to be a declaration of Heimatrecht, and likely a will under his home country's law.

If not a CH citizen, and there is no will... I *think*, but am not sure, that Swiss law prevails if the last residence was Switzerland.


OP - why not start by speaking to the notary at the Gemeinde of your father's last residence?
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Old 10.01.2012, 16:13
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Re: Inheritance claim

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I am 22 years old at present, my father passed away in Switzerland 10 years ago and am still living with my mother until i graduate from university. I would like to know what i am entitled to, as tensions and missunderstanding are growing each day between my mother and I. In my attempt to become independant I am trying to figure out what is legally mine (property, money and business) and go my own way (as she tells me I have the right to nothing, which i doubt). I most likely will have to get a lawyer. There was no will or testament left by my late father.
Any knowlegable comment will be greatly appreciated
If your mother is also a Swiss citizen she was entitled to the shared estate as well as "her husband's estate." As you were 12 when this happened you would have been a minor and your mother your legal guardian. Unless there is something out there with your name specifically on it you would most likely be entitled to nothing. Would there be a specific reason why you would think that you would be entitled to the fruits of your parents labour from when you were a child?

I understand your situation to a certain extent as I was disinherited by my father before he died and later put back into the will before his demise. Nonetheless my mother survives and is the current sole beneficiary of the will, even though me and my siblings have life interest in the property that they owned. When my mother passes away, and that could be quite a long time from now I will inherit what is remaining but until then it "all belong to her!"

BTW, my problems were with my father not my mother. You should seriously try and come to an understanding with your remaining parent. Believe me once they are dead you get nothing, even if you get money and property.

How much money does your mother spend on your upkeep, inclusive of room and board? I do wonder though what is up, with your moniker being Kingpimp. Is that a Freudian slip or an Oedipal complex?

Good luck with your situation.
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Old 10.01.2012, 16:15
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Re: Inheritance claim

I don't know this for certain but I think that under Swiss inheritance laws you are entitled to a share of your father's estate. In the UK if there was no will or testament the estate would pass to his next of kin which in this case would be your mother. AFAIK this is not the case in Switzerland and children are entitled to a share.

You need to contact a lawyer to find out for certain what your rights are.
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Old 10.01.2012, 16:22
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Re: Inheritance claim

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Surely i cant be put on the street with nothing..
At 22yo........ perhaps your mum is just worried about what you will do with the money.

Believe me, you are much better off trying to make a man of yourself from scratch and then being grateful for whatever falls your way, than being a pushy kid who has blown his inheritance before he turns 30.

I've seen this many times.




I started out with a University degree, a bag of clothes, and an old car..... no inheritance......... and I turned out alright.

You'll survive mate.


........... and as I said........ Be nice to your mother.......... trust me on this.
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Old 10.01.2012, 16:48
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Re: Inheritance claim

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At 22yo........ perhaps your mum is just worried about what you will do with the money.

Believe me, you are much better off trying to make a man of yourself from scratch and then being grateful for whatever falls your way, than being a pushy kid who has blown his inheritance before he turns 30.

I've seen this many times.




I started out with a University degree, a bag of clothes, and an old car..... no inheritance......... and I turned out alright.

You'll survive mate.


........... and as I said........ Be nice to your mother.......... trust me on this.
Actually, this is a good point. Most people I know that got bags of cash when they were in their late teens/early twenties end up having serious problems. Being poor when you are in your University days isn't a bad thing. It usually builds character, which, I know, sucks when it is happening to you.

Not to mention you get to learn what you can actually do for yourself, not what you can pay someone else to do for you.

You get to pick your friends, you don't get to pick you family.
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Old 10.01.2012, 16:57
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Re: Inheritance claim

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I am 22 years old at present, my father passed away in Switzerland 10 years ago and am still living with my mother until i graduate from university. I would like to know what i am entitled to, as tensions and missunderstanding are growing each day between my mother and I. In my attempt to become independant I am trying to figure out what is legally mine (property, money and business) and go my own way (as she tells me I have the right to nothing, which i doubt). I most likely will have to get a lawyer. There was no will or testament left by my late father.
Any knowlegable comment will be greatly appreciated

you want to go your own way, but want someone else to pay for you to do it?

sorry, you come across as a total cock.
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Old 10.01.2012, 16:59
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Re: Inheritance claim

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Surely i cant be put on the street with nothing..

but you want to put your mother on the street (so to speak)
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Old 10.01.2012, 17:06
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Re: Inheritance claim

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but you want to put your mother on the street (so to speak)

No certainly not, simply have what is righfully mine so that we can both go on with our lives regardless of our differences..
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Old 10.01.2012, 17:08
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Re: Inheritance claim

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No certainly not, simply have what is righfully mine so that we can both go on with our lives regardless of our differences..
Whats wrong in getting your hands dirty and earning for a living ?

Would you be happy building your life based on something which you got and didn't earn ?
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Old 10.01.2012, 17:09
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Re: Inheritance claim

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No certainly not, simply have what is righfully mine so that we can both go on with our lives regardless of our differences..

What do you know about life mate?

You still go to school and live at home with your Mum !!!
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Old 10.01.2012, 17:09
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Re: Inheritance claim

Im just trying to figure out if i am entitled BY LAW to anything
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Old 10.01.2012, 17:10
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Re: Inheritance claim

....grow up....
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Old 10.01.2012, 17:10
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Re: Inheritance claim

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Im just trying to figure out if i am entitled BY LAW to anything
Go and see a solicitor.
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Old 10.01.2012, 17:11
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Re: Inheritance claim

Let's not be too hard on the guy. Maybe my youngsters would have posted a similar thing about not getting on with me when they were at the same age, working and studying, being treated as adults outside the home and then being told what to do when they got back here.

However, there was no Internet Forum to complain on, they had no chance of an inheritance to allow them to dream of coping financially without parental assistance and they knew which side their bread was buttered on.

I suggest you sit down and think about the main areas of difficulty between you and your mother. Is she being totally unreasonable in your eyes (and those of your friends) or does she perhaps have a point after all!
Is it about noise? Dirty washing not put into the laundry basket BEFORE the washing day? Untidy room? Eating the last bit of cheese in the fridge without mentioning it? Bringing home friends unexpectedly and hoping they will be fed? Leaving lights on? Loud music? Lolling around in bed at the weekend instead of helping in the house/with the shopping/doing some studying? Expecting her to pay for your excessive mobile bills and holidays or hobbies?

It might be something much more drastic than these things but try to see the situation from her point of view. Leaving home, even if you could afford it, might be jumping out of the frying pan into the fire.
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Last edited by Longbyt; 10.01.2012 at 17:27.
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